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DIRECTIVE No

DIRECTIVE No. 31/1999/CT-TTg OF OCTOBER 27, 1999 ON THE COMBAT AGAINST FAKE GOODS PRODUCTION AND TRADING

Over the recent years, the combat against fake goods production and trading undertaken by various ministries, branches and localities has seen certain achievements. However, the fake goods production and trading have not yet been repelled but are witnessing complicated developments, with more mischievous tricks. Such situation causes not only anxiety for enterprises but also indignation among consumers and great losses to the national economy, damages the prestige of the production and business units, badly affects consumers� health and causes environmental pollution.

With a view to effectively combating the fake goods production and trading, protecting the legitimate interests of production and business units and consumers, and restoring the order and discipline in goods production and trading, the Prime Minister hereby instructs:

1. The ministers, the heads of the ministerial-level agencies and the agencies attached to the Government and the presidents of the People�s Committees of the provinces and centrally-run cities shall have to consider the combat against fake goods production and trading an important task, which is both urgent and long-term. They shall have to devise synchronous and resolute measures to prevent and step by step repel the fake goods production and trading activities. All detected acts of producing, trading in, transporting and storing fake goods shall be strictly dealt with by law. Serious cases must be promptly brought to trials for the purpose of deterence and education.

2. To assign the Ministry of Trade to assume the prime responsibility and coordinate with the concerned ministries, branches, socio-political organizations and People�s Committees of localities in well undertaking the combat against fake goods production and trading on the domestic market. For the immediate future, the Ministry of Trade shall coordinate with the concerned ministries and branches in revising legal documents on the combat against fake goods production and trading, in order to make amendments and supplements thereto appropriate to the current requirements, and at the same time work with the Ministry of Public Security, the Ministry of Science, Technology and Environment and the local People�s Committees in organizing the inspection and strict handling of organizations and individuals engaged in production of and trading in fake goods which are detrimental to the consumers� health and safety, adversely affect the living environment, and infringe upon the industrial property.

3. The Ministry of Public Security shall direct the police force at all levels to concentrate on the investigation and detection of fake goods production and trading rings and groups, especially such products as counterfeit papers, invoices, stamps, money and publications of pecuniary value; take initiative in deploying forces to take part in the combat when so requested by the concerned ministries and branches.

4. The Ministry of Science, Technology and Environment shall assume the prime responsibility and coordinate with the concerned ministries and branches in publicizing in time the list of goods subject to the State management over their quality, combine the industrial property protection with the goods quality control; take prime charge of expertising and identifying fake goods and promulgating the procedures for destroying fake goods which are harmful to the living environment.

5. The Ministry of Health shall assume the prime responsibility and coordinate with the Ministry of Public Security, the Ministry of Trade and the concerned ministries and branches in conducting inspections and control against the fake goods production and trading in the fields of medicine, pharmaceuticals, pharmaceutical materials, food hygiene and safety.

6. The Ministry of Agriculture and Rural Development shall assume the prime responsibility and coordinate with Ministry of Aquatic Resources, the Ministry of Public Security, the Ministry of Trade and the concerned ministries and branches in organizing inspections against the fake goods production and trading in the agriculture, forestry and fishery, such as: fertilizer, veterinary drugs, plant protection drugs, seedlings and breeding animals and animal feeds; act as a designated collector of fake veterinary and plant protection drugs and those out of the list of drugs allowed for use, for destruction as prescribed.

7. The Ministry of Culture and Information shall assume the prime responsibility and coordinate with the Ministry of Public Security, the Ministry of Trade and the concerned ministries and branches in organizing inspection against the production of and trading in counterfeit publications and other fake cultural products; direct the mass media to increase the time volume for law education and popularization of knowledge related to the fake goods prevention and combat.

8. The General Department of Customs shall coordinate with the Border Guards in intensifying the inspection and prevention of the cross-border transportation of fake goods of all kinds.

9. The Ministry of Finance shall guide in detail the retention of proceeds from activities against fake production and trading (fines, proceeds from the sale of material evidences that are permitted to be circulated) at the concerned localities and units for use in service of anti-fake goods activities, and at the same time promulgate documents providing detailed guidance to such functional forces as market control, police, ... work out and supplement financial plans in service of activities against the fake goods production and trading, so that by the year 2000, the functional forces shall have sufficient funding for this task.

10. The presidents of the People�s Committees of all levels shall have to devise detailed plans for directing the functional agencies in their respective localities to detect, investigate and handle acts of producing and trading in fake goods; well organize the coordination among various forces in campaigns of inspection and elimination of fake goods in their localities.

11. The handling of fake goods, material evidences and administrative violation means in the fake goods production and trading shall comply with Article 19 of the Government�s Decree No.12/1999/ND-CP of March 6, 1999 and the current law provisions.

12. The production enterprises and establishments shall have to well carry out the quality registration and the establishment of industrial property rights, take initiative in studying and applying measures for protection of their products and goods from being faked, and at the same time closely coordinate with the functional agencies in the combat against fake goods.

13. The combat against fake goods production and trading is the responsibility of the entire society, first of all the functional agencies and administrations at all levels. The socio-occupational organizations, the Vietnam Lawyers� Association, the Society of Standards and Protection of Consumers� Interest at all levels and the intellectual property organizations play a very important role in mobilizing the people of all strata to take part in the detection of and denunciation and combat against the fake goods production and trading.

The ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government, the presidents of the People�s Committees of the provinces and centrally-run cities shall have to organize the implementation of this Directive; and send monthly reports on performance results to the Ministry of Trade for sum-up report to the Prime Minister.

For the Prime Minister

Deputy Prime Minister
NGUYEN TAN DUNG